Van Pool v. Johnson

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding a substantial ground exists when “a difference of opinion exists within the controlling circuit; or [] the circuits are split on the question”
• rejecting the argument that a “circuit split” is to be considered where the Sixth Circuit has, itself, ruled on the issue: “Where our circuit has answered the question, the district court is bound by our published authority.”
• finding a substantial ground for difference of opinion when “a difference of opinion exists within the controlling circuit; or [ ] the circuits are split on the question” and it is a question that the circuit in question has not answered
• “Where our circuit has answered the question, the district court is bound by our published authority. And so are we.”
• “Where our circuit has answered the question, the district court is bound by our published authority.”
• courts find a substantial ground for difference of opinion exists when: “‘(1) the question is difficult, novel and either a question on which there is little precedent or one whose correct resolution is not substantially guided by previous decisions; (2

Source: CourtListener parenthetical corpus (CC0).